New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-08-26
AFRAID OF REFEREE DAVIS
VAIN EFFORTS OF WEISS COUNSEL.

counsel had his innings with exJudge DAVIS yesterday
morning when the latter raped for order on us "co
table and sald that hearing OF testimony as 10 the as
appearance OF the stranded firms books would go Oh
The ex Congressman had taken frequent exceptions on
to the questions and had protested
that referee had right to ask questions
at all The ex-Judge had retorted that he Thought ne
understood tie duties of referee and that the case
would have along on that theory. 70
Mr. Adams took back seat and moved
an adjournment as he conveniently conld.
Partners Ives Stayner aud Doremus had filed into the
room followed by Counsel Adams and Assistant Assignee
Charles Cromwell aud Algernon S. Sullivan, the as
signees attorney, about to call the elderly JUNIOR
partner the witness chair. when the bright exCon-
gresham pushed typewriter legal document across
the table.
An order from the Court - he exclaimed in tone OF
deep satisfaction.
Mr. sullivan read the paper through looked vexed and
said: "We shall not be able to go on. have here
stay OF proceedings from Judge Donohne"
On an affidavit Of Mr.. Adams to the effect that after
Mr. Sullivan had examined Mr. Ives for over an hour
the referee without any authority and AGAINST
the protest OF the counsel for the assgnors
had subjected Mr. Ives searching closs and vigorous
crossexaminatiOp and on a petition change
in the wording OF The order OF the instns the
reference wodid prevent further personal e1ah
nation OF witnesses by the referee, Judge Donohue had
granted the following new order:
That William Nelson Cromwell assisnee In the above mat
ter how cause beiore one OF te Jsce 90 o s bsnb,
at the cosny cSsT h9uaS II c y a soon there
sitter counsel can 10 heard WY an Grast sno9 % s.
by the refers. ard all qaes tons ase
bv him alter Mr. sullivan counsel Tor ths asslknee
be slricke the And why ths order heretofore
issued should rot b. amended g. as az 10 % Court
with all convenient speed testimony OF inc san @ . S
be pnt 10 them or either OF hem by the
nd IN. said referee hereby conane the said
TO such questisns and in the meanne ana nh
The part The assignee referee be and they are
Of III. order on the attorney for ihS i
signee before the 25h day OF August shan
shall suspend proceedings until 2 o'clock said ex-
Judge Davis The stay must have been granted uhueF
a grave msapprehenson' ,.,,,. ~,
Sullivan moment with Referee Davis ana then
started Judge Donohue court Mr Adams tIrhed up
therein time Mr. sullivan plain ge Donohne
that judge Bookstaver who had orieIed the reference
was sitting in the Court OF Common Pleas Joage DON
turned the whOls matter over TO the other court;
the lawyers to Judge Bookssavers
Office TO argue 1t out.
Judge Bookstaver was surprised 10 hear of the stay
and 80 at Mr.. Adams's application to Judge
Donohue when lie himself WINS holding court in
up his action and argued at length that the referee
bad exceeded the powers defeated to mn ny
the court in crOssexaminBg the witnesses.
He also criticised Judge Dayis's staten mt
nothing to do with removing the books no one would be-
leve that he did not know where they were in Ice DAVIS
the presiding Justice ia the supreme Court and
mis- opinion would be likely 10 prejudice the case what
the court ordered said the exCongrcssmam was simple
was able to draw ont all that important IN that.
Mr. sullivan merely asked that the Court should stand
by the ordSr ana no. Ter mn be nJne %
IN me diseosFse Oh ms dulles ie ugea ne t
t ,orrx 90 H. sins SnSSssred iIndee Eookstayrr
said that he aid not feel called upon to interfere
order At y m The opposing forces turned up in Judge
Davss Office again and the second day of the hearing
Partner Doremus was the only member OF Ives & Co.
present The " Young Napoleon II aud his elderly
ing ami had promised be back in few minutes.
Young Tom" Doremus was sworn time. lie
gave his answers frankly and good lhumorelly and
Referee Davis when the broker had hhsned sald tha'
Mr. sullivan led with Ia. usual questions about the
hnnn pTS Sa I he a n "'u 'ie NeH'' " '0
DO You know where those books arei Al DO not
Q-Were YOU NOT served with notice to Produce them
qThat search da you make for them after You got that
order Al Looked al .Sns ns D' ana I'cs sns ON
Mr ives and Mr. st4yner for them. -,
stock Exchange business was the Ony member Of it IN
tho k6i, In auv .upervon Of the books an, control
over spccia in them ANo; mo entire
Ives ard NJ ssyasr ,o-..,,, ,n.n.o,,on =, N.
booksi A-No / did know the missing oaos from
The others A., .. -. 49,.
Mr. Dorsmus then testneu Una NC .I ~, To- N" - a..
d one. scnSereJ Then he asked I've. II thai was
the case He did not know when' where OF WY tne
missing edgers were taken ana hsG no m p
to have them di.app,ar ,,v, Adam,
took another exception.
Did you have o. the profit, Of tao arm Or
&c va '"''' ~ WV '~"H' -
eio an ,oo ,,,,, a,o,hsr AMI mayer
locked through thern I A-No
Partner stayner was then recalled He came In with
1yas dnrns ,h. cro.scYa,nin.tion Roth hooked more
n ber Nm ON WeSns.daX Ths " Younc Nanoeon n
Hore a ight srit and a noIka.dot neckfie lie read
te.tnonx IN ponSh shiIe St.yn.r tried nm
~ r.,air The hTcacses in his memory Tor
Referee Davss benefit The two lawyers let go
ana inc referse conducted tue WnOe etanlnaton MT.
Adams entered his usual protest Referee Davis opened
ont stayners trips lrooklyn with the missing
books
QW hen were the books taken 70 BrooKYn ast as you
remember Al don't remember anY time sine, nv family
has been IN the country. The house was closed about INC it
July The last time can think OF toward the latter
part OF June
Q-Who were at the house at the tnet AM Ives ana
myself - -,,,- -. 49,, -